I was honorably discharged from USMC in 1982. I had an accident in 2006 which resultedin a heel/ankle surgery performed at VA hospital.Surgeon told me it would be at least 3 to 5years for a full recovery. Its going on 7 and am still waiting for recovery.Tried getting some compensation about 3 years ago and VA said "sorry it didnt happen during active duty and your past the time allowed for such compensation."The amount of pain that I am in most if the time is about a 7 to 8 with 10 being the worse.My calf muscle is 50% smaller than the other and my ankle is so permanently swollen my shoes dont fit the same.I realize without having insurance at the time of the accident the VA was my only choice. My question is:Am I entitled any compensation? Dave
State/Country relating to question: Colorado
Thanks for the chance to help. I am an attorney with over 12 years military law experience.You may be eligible for benefits.38 US Code Service 1151 allows the VA to treat disabilities resulting from VA hospital treatment.If you can show that the VA Malpractice was responsible for your current medical condition?Then you can file a claim.To win an 1151 claim you must show1. The disability was hospital care/treatment at VA hospital2. Care was furnished by VA employee3. The cause of the disability was careless, negligence or lack of proper skill by the VA employee.The 3rd prong above is the tough one...you are basically filing a medical malpractice case.If you can show negligence? Then you can get compensation.The great thing about an 1151 claim is that you get the lower "benefit of the doubt standard"...so rather than a requirement that you show "preponderance of the evidence" (51%) you can win by showing that the positive and negative evidence in balance (50%)You need someone who undertands 38 USCS 1151 claims to proceed. But your local VSO can help with this. I have filed these claims...to win, you need to basically put together a package with medical evidence that shows that your disability was most likely caused by the VA...if you can show that? You will win.Contact your County VSO and they can help you start the process
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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